Understanding Settlements and “Illegal Outposts”

August 3, 2009

Communities across the “Green Line,” the 1949 armistice line that separated Israel from the Jordanian-held West Bank (Judea and Samaria) until 1967, are commonly referred to as settlements. They are also considered illegal by many, including the United Nations. Continued building in the towns to accommodate normal town expansions, as families grow and adult children move into homes of their own, is a key aspect of “natural growth” but is believed by numerous international onlookers to be an obstacle to peace with the Palestinians. They say Israel can’t build on land they took in war.

However, the situation is complicated, since a peace deal would likely include land-swaps—exchanging an Israeli settlement in Judea andSamaria for other territory outside the West Bank. The main disagreement is about what lands would be swapped and where they would be located.

Prime Minister Benjamin Netanyahu presented a compromise in May. The Israeli government promised to tear down more than 20 smaller communities in Judea and Samaria (known as outposts) that have not received final government approval. Therefore, they are unauthorized by Israel. As for “natural growth,” Mark Regev, spokesman for the Primer Minister’s Office, said, “Let’s be realistic. If children need a kindergarten, we’re going to be building that kindergarten…The issue of settlements will be decided in final status negotiations between us and the Palestinians. In the interim, it would be unfair and unjust not to allow normal life for the people who live in those communities to continue.”

In an e-mail to Bridges for Peace, Karen Kaufman, the spokeswoman for the UK Embassy to Israel, responded to that argument by saying, “These settlements are illegal, and we believe that these settlers should not be there. The Fourth Geneva Convention, for example, says that an occupying power shall not transfer part of its population into the territory it occupies.” Israel has challenged that application and interpretation of international law.

The Settlements

The settlements—fully approved by the government of Israel—include approximately 100 different-sized communities, a few of which are full-fledged cities with populations of 17,000 to 35,000, while many others have less than 1,000. Aliza Herbst, spokesperson for the Yesha Council that represents the settlements, estimated that around 300,000 people live in these communities of Judea and Samaria. Construction in the settlements has been a point of ongoing debate for years between Israel and the international community, including the United States.

That hasn’t meant a halt to settlement construction. Yet, according to Herbst, new housing construction approved by former Prime Minister Ehud Olmert, for the most part, “hasn’t been built.” She said that a complete settlement construction freeze would “probably look very much like the last four years.” She estimated that, depending on the community, housing prices have risen 10–25%, and that she couldn’t even find an available rental in the settlement of Ofra.

While the growing population’s experience may be tightening, actual construction approval continued through at least November 2008. Yet, Peace Now (a non-governmental “land-for-peace” organization in Israel) noted that 2008’s home construction tender approvals increased significantly over the year before, which shows Olmert had a change in policy. However, The Jerusalem Post said that no new apartment tenders were issued from December 2008 through May 2009.

Herbst said a civilian presence in the West Bank contributes good intelligence on terrorism and prevents a repeat of the Gaza evacuation, where Hamas took over and used the land to launch rockets at Israel. Said Herbst of the settlements, “We’re an obstacle to war; we’re not an obstacle to peace.”

The Outposts

Regev explained to Bridges for Peace that the Netanyahu government intends to remove some illegal outposts in an effort to maintain Israel’s rule of law. Although a lack of government authorization for the outposts is one reason for this, the reality is that only the outposts built after March 2001, and promised to be removed by the Israeli government, are being targeted. Altogether there are roughly 100 outposts, the majority of which are exempt from this policy.

Daniella Weiss, the former mayor of the settlement of Kedumim and closely connected to the outpost movement, said that the only thing preventing their legality is a signature from Defense Minister Ehud Barak. She said they have the permits they need, and that the Israeli government has spent money on the illegal outposts. (Efforts to verify these claims with the Defense Ministry were unsuccessful.)

One complaint issued about the outposts, which range from a collection of simple structures to larger communities, is that some of them are at least partially built on privately-owned Palestinian land. Former Prime Minister Ariel Sharon’s government (2001–2006) sponsored a report acknowledging this. Weiss called the assertions lies and said that the outposts are built on government land. She said the outposts are important because they prevent Arabs from grabbing the land and preventing Israel from later expanding existing communities. Weiss also noted that Israel has a historic claim to the territory they are building on. “According to the Road Map, it is illegal to build in Judea andSamaria, but according to the Bible, the Holy Land belongs to us.”

By Joshua Spurlock, Correspondent, BFP Israel Mosaic Radio

For an excellent article by Dore Gold, “ U.S. Policy on Israeli Settlements,” go to our Web site, www.bridgesforpeace.com

Photo Credit: Photosby www.israelimages.com

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